International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced--and that continue to influence--this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: the history of international criminal law; the subjects of international criminal law; transitional justice and international criminal justice; genocide, crimes against humanity, war crimes and the crime of aggression; sexual and gender-based crimes; international and hybrid criminal tribunals; sentencing under international criminal law; and the role of victims in international criminal procedure.The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.
Formatted Contents Note
chapter Introduction: international criminal law in context / Philipp Kastner part PART I Contextualising international criminal law chapter 1 The conscience of civilisation, and its discontents: a counter history of international criminal law / Gerry Simpson chapter 2 The subjects of international criminal law / Frederic Megret chapter 3 The idea of transitional justice: international criminal justice and beyond / Wendy Lambourne part PART II International crimes chapter 4 Genocide: to prevent and punish 'radical evil' / Eyal Mayroz chapter 5 Crimes against humanity: the concept of humanity in international law / Raphaelle Nollez-Goldbach chapter 6 War crimes: increasing compliance with international humanitarian law through international criminal law? / Dale Stephens chapter 7 Sexual and gender-based crimes / Rosemary Grey chapter 8 The crime of aggression: shifting authority for international peace? / Sean Richmond chapter 9 Rethinking liberal legality through the African Court of Justice and Human Rights: re-situating economic crimes and other enablers of violence / Kamari Maxine Clarke part PART III The implementation of international criminal law chapter 10 The ad hoc tribunals: image, origins, pathways, legacies / Timothy William Waters chapter 11 Hybrid tribunals: institutional experiments and the potential for creativity within international criminal law / Philipp Kastner chapter 12 The International Criminal Court: between law and politics / Christian M. De Vos chapter 13 Complementarity revisited: national prosecutions of international crimes and the gaps in international law / Fannie Lafontaine chapter 14 The influence of international human rights law on international criminal procedure Yvonne McDermott chapter 15 'And where the offence is, let the great axe fall': sentencing under international criminal law / Mark A. Drumbl chapter 16 The role of victims: emerging rights to participation and reparation in international criminal courts / Stephen Smith Cody.